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108hr4548ih
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1. Short title
This Act may be cited as the Intelligence Authorization Act for Fiscal Year 2005. 101. Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal year 2005 for the conduct of the intelligence and intelligence-related activities of the following elements of the United States Government: (1) The Central Intelligence Agency. (2) The Department of Defense. (3) The Defense Intelligence Agency. (4) The National Security Agency. (5) The Department of the Army, the Department of the Navy, and the Department of the Air Force.
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(6) The Department of State. (7) The Department of the Treasury. (8) The Department of Energy. (9) The Department of Justice. (10) The Federal Bureau of Investigation. (11) The National Reconnaissance Office. (12) The National Geospatial-Intelligence Agency. (13) The Coast Guard. (14) The Department of Homeland Security. 102.
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Classified Schedule of Authorizations
(a) Specifications of amounts and personnel ceilings
The amounts authorized to be appropriated under section 101, and the authorized personnel ceilings as of September 30, 2005, for the conduct of the intelligence and intelligence-related activities of the elements listed in such section, are those specified in the classified Schedule of Authorizations prepared to accompany the bill H.R. ____ of the One Hundred Eighth Congress. (b) Availability of classified Schedule of Authorizations
The Schedule of Authorizations shall be made available to the Committees on Appropriations of the Senate and House of Representatives and to the President.
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The President shall provide for suitable distribution of the Schedule, or of appropriate portions of the Schedule, within the executive branch. 103. Personnel ceiling adjustments
(a) Authority for adjustments
With the approval of the Director of the Office of Management and Budget, the Director of Central Intelligence may authorize employment of civilian personnel in excess of the number authorized for fiscal year 2005 under section 102 when the Director of Central Intelligence determines that such action is necessary to the performance of important intelligence functions.
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(b) Notice to intelligence committees
The Director of Central Intelligence shall notify promptly the Select Committee on Intelligence of the Senate and the Permanent Select Committee on Intelligence of the House of Representatives whenever the Director exercises the authority granted by this section. 104. Intelligence Community Management Account
(a) Authorization of appropriations
There is authorized to be appropriated for the Intelligence Community Management Account of the Director of Central Intelligence for fiscal year 2005 the sum of $_____.
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Within such amount, funds identified in the classified Schedule of Authorizations referred to in section 102(a) for advanced research and development shall remain available until September 30, 2006. (b) Authorized personnel levels
The elements within the Intelligence Community Management Account of the Director of Central Intelligence are authorized __ full-time personnel as of September 30, 2005. Personnel serving in such elements may be permanent employees of the Intelligence Community Management Account or personnel detailed from other elements of the United States Government.
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(c) Classified authorizations
(1) Authorization of appropriations
In addition to amounts authorized to be appropriated for the Intelligence Community Management Account by subsection (a), there are also authorized to be appropriated for the Intelligence Community Management Account for fiscal year 2005 such additional amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts for advanced research and development shall remain available until September 30, 2006.
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(2) Authorization of personnel
In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30, 2005, there are also authorized such additional personnel for such elements as of that date as are specified in the classified Schedule of Authorizations. (d) Reimbursement
Except as provided in section 113 of the National Security Act of 1947 (50 U.S.C.
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404h), during fiscal year 2005 any officer or employee of the United States or a member of the Armed Forces who is detailed to the staff of the Intelligence Community Management Account from another element of the United States Government shall be detailed on a reimbursable basis, except that any such officer, employee, or member may be detailed on a nonreimbursable basis for a period of less than one year for the performance of temporary functions as required by the Director of Central Intelligence. 201.
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Authorization of appropriations
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2005 the sum of $_____. 301. Increase in employee compensation and benefits authorized by law
Appropriations authorized by this Act for salary, pay, retirement, and other benefits for Federal employees may be increased by such additional or supplemental amounts as may be necessary for increases in such compensation or benefits authorized by law. 302.
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Restriction on conduct of intelligence activities
The authorization of appropriations by this Act shall not be deemed to constitute authority for the conduct of any intelligence activity which is not otherwise authorized by the Constitution or the laws of the United States.
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108hr4682ih
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1. Short title
This Act may be cited as the Stem Cell Research Enhancement Act of 2004. 2. Human embryonic stem cell research
Part H of title IV of the Public Health Service Act ( 42 U.S.C. 289 et seq. ) is amended by inserting after section 498C the following: 498D. Human embryonic stem cell research
(a) In general
Notwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section.
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(b) Requirements
The Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded.
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(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines
Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section.
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(d) Determination
In determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c).
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(e) Reporting requirements
The Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.. 498D. Human embryonic stem cell research
(a) In general
Notwithstanding any other provision of law, the Secretary shall conduct and support research that utilizes human embryonic stem cells in accordance with this section.
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(b) Requirements
The Secretary shall conduct or support research that utilizes human embryonic stem cells if the following requirements are met: (1) The stem cells were derived from human embryos that have been donated from in vitro fertilization clinics, were created for the purposes of fertility treatment, and were in excess of the clinical need of the individuals seeking such treatment. (2) Prior to the consideration of embryo donation and through consultation with the individuals seeking fertility treatment, it is determined that the embryos will never be implanted in a woman and would otherwise be discarded.
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(3) The individuals seeking fertility treatment donated the embryos with written informed consent and without receiving any financial or other inducements to make the donation. (c) Guidelines
Not later than 60 days after the date of the enactment of this section, the Secretary, in consultation with the Director of NIH, shall promulgate guidelines to carry out this section.
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(d) Determination
In determining whether this section authorizes or prohibits the conduct or support of research using a particular human embryonic stem cell line, the Secretary— (1) shall apply the requirements of subsection (b) regardless of the date on which the stem cell line is derived from a human embryo; and (2) shall apply the guidelines promulgated under this section only if the stem cell line is derived from a human embryo on or after the date described in subsection (c).
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(e) Reporting requirements
The Secretary shall annually prepare and submit to the appropriate committees of the Congress a report describing the activities carried out under this section during the preceding fiscal year, and including a description of whether and to what extent research under subsection (a) has been conducted in accordance with this section.
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108hr4098ih
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1. Permanent resident status for Zhuljeta Zhegra
(a) In general
Notwithstanding subsections (a) and (b) of section 201 of the Immigration and Nationality Act , Zhuljeta Zhegra shall be eligible for issuance of an immigrant visa or for adjustment of status to that of an alien lawfully admitted for permanent residence upon filing an application for issuance of an immigrant visa under section 204 of such Act or for adjustment of status to lawful permanent resident.
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(b) Adjustment of status
If Zhuljeta Zhegra enters the United States before the filing deadline specified in subsection (c), she shall be considered to have entered and remained lawfully and shall, if otherwise eligible, be eligible for adjustment of status under section 245 of the Immigration and Nationality Act as of the date of the enactment of this Act.
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(c) Deadline for application and payment of fees
Subsections (a) and (b) shall apply only if the application for issuance of an immigrant visa or the application for adjustment of status is filed with appropriate fees within 2 years after the date of the enactment of this Act.
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(d) Reduction of immigrant visa number
Upon the granting of an immigrant visa or permanent residence to Zhuljeta Zhegra, the Secretary of State shall instruct the proper officer to reduce by 1, during the current or next following fiscal year, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 203(a) of the Immigration and Nationality Act or, if applicable, the total number of immigrant visas that are made available to natives of the country of the alien’s birth under section 202(e) of such Act.
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(e) Denial of preferential immigration treatment for certain relatives
The natural parents, brothers, and sisters of Zhuljeta Zhegra shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act.
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108hr3986ih
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1. Across-the-board rescissions in non-defense, non-homeland-security discretionary spending for fiscal year 2005
(a) Across-the-board rescissions
There is hereby rescinded an amount equal to 5 percent of— (1) the budget authority provided (or obligation limitation imposed) for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any fiscal year 2005 appropriation Act; (2) the budget authority provided in any advance appropriation for fiscal year 2005 for any non-defense, non-homeland-security discretionary account in any prior fiscal year appropriation Act;
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and (3) the contract authority provided in fiscal year 2005 for any program that is subject to a limitation contained in any fiscal year 2005 appropriation Act for any non-defense, non-homeland-security discretionary account.
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(b) Non-defense, Non-homeland-security discretionary account
For purposes of subsection (a), the term non-defense, non-homeland security discretionary account means any discretionary account, other than— (1) any account included in a Department of Defense Appropriations Act; (2) any account included in a Department of Homeland Security Appropriations Act; (3) any account included in a Military Construction Appropriations Act; or (4) any account for Department of Energy defense activities included in an Energy and Water Development Appropriations Act.
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(c) Proportionate application
Any rescission made by subsection (a) shall be applied proportionately— (1) to each discretionary account and each item of budget authority described in such subsection; and (2) within each such account and item, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account or item, or for accounts and items not included in appropriation Acts, as delineated in the most recently submitted President's budget).
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(d) Subsequent appropriation laws
In the case of any fiscal year 2005 appropriation Act enacted after the enactment of this section, any rescission required by subsection (a) shall take effect immediately after the enactment of such Act.
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(e) OMB report
Within 30 days after the enactment of this section (or, if later, 30 days after the enactment of any fiscal year 2005 appropriation Act), the Director of the Office of Management and Budget shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report specifying the account and amount of each rescission made pursuant to subsection (a).
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108hr4738ih
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1. Short title
This Act may be cited as the Public Housing Community Service Incentive Act. 2. Community service
(a) Community service
Section 12 of the United States Housing Act of 1937 ( 42 U.S.C.
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1437j ) is amended by striking subsection (c) and inserting the following new subsection: (c) Community service
(1) In general
Each adult resident of a public housing project who performs 8 hours per month of community service (not including political activities) within the community in which that adult resides shall receive priority consideration for participation in any economic self-sufficiency programs sponsored by the public housing agency that administers the public housing project in which the adult resides. (2) Geographic location
Community service at a location not owned by the public housing agency shall qualify as community service for purposes of paragraph (1)..
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108hr4647ih
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1. Lands to be held in trust
Section 902(b) of the California Indian Land Transfer Act ( Public Law 106–568 ; 114 Stat.
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2921) is amended— (1) by striking 3,525.8 and inserting 3,765.8 ; and (2) by adding at the end the following: (9) Utu utu gwaitu paiute tribe
Lands to be held in trust for the Utu Utu Gwaitu Paiute Tribe, Benton Paiute Reservation are comprised of the approximately 240 acres described as follows: Mount Diablo Base and Meridian, Township 2 South, Range 31 East Section 11: SE ½ and E ½ of SW ¼..
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108hr4671ih
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1. Short title
This Act may be cited as the Iraqi Women and Children’s Liberation Act of 2004. 2. Findings
Congress makes the following findings: (1) For more than 600 years under the Ottoman Empire, women in Iraq were kept inside their homes, repressed, and forbidden to be seen in public without a related male escort. (2) The Sevres Treaty of 1919, following World War I, installed a new monarchy in Iraq under which education for boys and girls flourished.
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(3) Within a span of 20 years, 6 centuries of repression of women in Iraq was reversed. Thousands of women in Iraq became lawyers, physicians, educators, teachers, professors, engineers, prominent writers, artists, and poets, demonstrating the impact of progressive policies on the ability of women in Iraq to achieve. (4) In 1941, women in Iraq earned equal wages for equal jobs, an achievement still not duplicated in most parts of the world.
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(5) On July 14, 1958, the monarchy in Iraq was overthrown by General Abdul-Karim Kasim, who enfranchised women in Iraq with political rights. (6) In 1959, Iraq became the first country in the Middle East to have a female minister, four female judges, prominent scientists, politicians, and freedom fighters. (7) The 1959 Code of Personal Status secularized the multi-ethnic state of Iraq. Women enjoyed political and economic rights, successfully participating in the workforce as well as advancing in the political sphere.
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Women had the right to receive an education and work outside the home. Women were career military officers, oil-project designers, and construction supervisors, and had government jobs in education, medicine, accounting, and general administration. (8) The Code of Personal Status also granted women extensive legal protections. It gave women the right to vote and granted equal status to men and women under the law. It prohibited marriage by persons under the age of 18 years, arbitrary divorce, and male favoritism in child custody and property inheritance disputes.
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(9) The regime of Saddam Hussein regularly used rape and sexual violation of women to control information and suppress opposition in Iraq and tortured and killed female dissidents and female relatives of male dissidents. (10) The Department of State has reported that more than 200 women in Iraq were beheaded by units of Fedayeen Saddaam , a paramilitary organization headed by Uday Hussein. (11) After the 1990 invasion of Kuwait, the regime of Saddam Hussein imposed policies that resulted in severe economic hardship, discrimination, impoverishment, and oppression of women in Iraq. Many women were prevented from working.
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Presently, women comprise as much as 65 percent of the population of Iraq, but only 19 percent of the workforce. (12) Men who killed female relatives in honor killings were protected from prosecution for murder under Article 111 of the Iraqi Penal Code enacted in 1990. The United Nations Special Rapporteur on Violence Against Women has reported that since the enactment of that article, more than 4,000 women were killed for tarnishing the honor of their families, with the killings occurring by a range of methods that included stoning.
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(13) Maternal mortality is the leading cause of death among women of reproductive age in Iraq, and it continues to rise due to lack of basic health care. The maternal mortality rate in Iraq is 292 deaths per 100,000 live births compared with a maternal mortality rate in the United States of 8 deaths per 100,000 live births. 90 percent of the maternal deaths in Iraq are identified as preventable. (14) More than 48 percent of the population of Iraq is under the age of 18 years.
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1 in 4 children of the age of 5 years or younger is chronically malnourished. 1 in 8 children dies before the age of 5 years, the highest rate of mortality among children under that age in the region. Some estimate the total rate of child mortality in Iraq to be as high as 13 percent. (15) Girls and women in Iraq have meager educational opportunities relative to the opportunities available to men and boys in Iraq, and twice as many boys as girls in Iraq attend school. 29 percent of females attend secondary school as compared with 47 percent of males.
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The illiteracy rate in Iraq is the highest in the Arab world at 61 percent for the general population, 77 percent for women, and 45 percent for men. (16) Press accounts indicate that many women in Iraq are being pressured to adhere to strict Islamic codes that restrict their mobility and impinge on their human rights. (17) Security for women in Iraq is an issue of grave concern. Women are afraid to leave their homes or to send their daughters to school. (18) Women in leadership positions in Iraq are vulnerable to attack.
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1 of the 3 women on the Iraqi Governing Council was assassinated, and another has a $2,000,000 bounty on her head. (19) Women from the autonomous Kurdish region travel freely, hold important jobs and political positions, and perform a key role in the revival of the areas of Iraq that have been under Kurdish control. The integration of women in the economic and political spheres of the region provides a contrast to the rest of Iraq and serves as an example of what is possible in Iraq.
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(20) According to the 2003 Arab Human Development Report of the United Nations, pervasive exclusion of women from the political, economic, and social spheres hampers development and growth in Arab countries. (21) Ambassador L. Paul Bremer, the Presidential Envoy to Iraq, has voiced his support of women in Iraq in stating that [w]e in the coalition are committed to continuing to promote women’s rights in Iraq.. (22) Women have participated in planning for Iraq’s political future in the following way: (A) 3 out of 25 people on the Iraqi Governing Council are women.
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(B) 1 of the government ministries is led by a woman. 16 of the 25 deputy minister positions are held by women. (C) 15 of the 1,000 nationally-appointed judges are women. (23) Resolution 137 was adopted in a closed session (sponsored by conservative Shiite members) on December 29, 2003, with the intent of reversing family law. The adoption of that resolution threatened negative impacts on the rights of women to education, employment, mobility, property inheritance, divorce, and child custody.
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(24) Ambassador Bremer, who has veto power, stated that he would not sign Resolution 137 into law. (25) The Iraqi Governing Council revoked Resolution 137 on February 27, 2004, in part due to pressure from women’s groups. However some members of the Governing Council walked out to protest this action. (26) The Transitional Administrative Law (TAL) that establishes the framework for the interim government of Iraq was officially signed on March 8, 2004.
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It aims to achieve a goal of having women constitute not less than 25 percent of the members of Iraq’s interim legislature. It does not express a goal for a representation rate for women in the executive or judicial branch of the interim government. It also provides that Sharia, the Islamic law, can be a source, but not the only source, of Iraqi law. (27) United States officials propose to turn over political power to Iraqis on June 30, 2004.
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Some factions have already voiced strong objection to the TAL and could press ahead with their goal of making Sharia the supreme law of Iraq. 3. Sense of Congress
It is the sense of Congress that— (1) the United States should ensure that women and children in Iraq benefit from the liberation of Iraq from the regime of Saddam Hussein; (2) women of all ethnic groups in Iraq should be included in the economic and political reconstruction of Iraq; (3) women should be involved in the drafting and review of the key legal instruments, especially the constitution,
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of the emerging nation in Iraq in order to ensure that the transition to that nation does not involve or facilitate the erosion of the rights of women in Iraq; (4) women should have membership in any legislature or other committee, body, or structure convened to advance the reconstruction of Iraq that builds on the goal provided for in the Transitional Administrative Law; (5) women should have a similar level of representation in leadership posts in all levels of government in Iraq, including ministers and judges, whether local or national, and women should be integrated in all levels of political process in Iraq, especially the building of political parties;
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(6) the presence of women on the Iraqi Governing Council should better represent the percentage of women in the general population of Iraq; (7) the participation and contribution of women to the economy of Iraq should be fostered by awarding contracts and sub-contracts to women and women-led businesses and by ensuring the availability of credit for women; (8) continued emphasis and support should be granted to grass-roots organization and civil society building in Iraq, with special emphasis on organizing, mobilizing, educating, training, and building the capacities of women and ensuring the incorporation of their voices in decision-making in Iraq;
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(9) the security needs of women in Iraq should be addressed and special emphasis placed on recruiting and training women for the police force in Iraq; and (10) the Government of Iraq should adhere to internationally accepted standards on human rights and rights of women and children. 4. Authorization of assistance
(a) Education and health care assistance for women and children
The President is authorized to provide education and health care assistance for the women and children living in Iraq and to women and children of Iraq who are refugees in other countries.
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(b) Enhancement of political participation, economic empowerment, civil society, and personal security of women
The President is authorized to provide assistance for the enhancement of political participation, economic empowerment, civil society, and personal security of women in Iraq. (c) Sense of Congress on provision of authorized assistance
It is the sense of Congress that the President should ensure that assistance is provided under subsections (a) and (b) in a manner that protects and promotes the human rights of all people in Iraq, utilizing indigenous institutions and nongovernmental organizations, especially women’s organizations, to the extent possible.
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(d) Sense of Congress on promotion of human rights in provision of assistance to Government of Iraq
In providing assistance to the government of Iraq, the President should ensure that such assistance is conditioned on the government of Iraq making continued progress toward internationally accepted standards of human rights and the rights of women.
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(e) Reports
Not later than 6 months after the date of the enactment of this Act, and every 6 months thereafter during the 3-year period beginning on such date, the Secretary of State shall submit to the appropriate congressional committees a report that sets forth the following: (1) A comprehensive description and assessment of the conditions and status of women and children in Iraq as of the date of the report, including a description of any changes in such conditions and status during the 6-month period ending on such date.
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(2) A statement of the number of women and children of Iraq who are in refugee camps throughout the Middle East as of the date of such report, a description of their conditions as of such date, and a description of any changes in such conditions during the 6-month period ending on such the date. (3) A statement of the expenditures of the United States Government during the 6-month period ending on the date of such report to promote the education, health, security, human rights, opportunities for employment, judicial and civil society involvement and political participation of women in Iraq.
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(f) Appropriate congressional committees defined
In this section, the term appropriate congressional committees means— (1) the Committees on Appropriations and Foreign Relations of the Senate; and (2) the Committees on Appropriations and International Relations of the House of Representatives.
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108hr3835ih
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1. Prohibition on operation of medicare comparative cost adjustment (CCA) program in Michigan
Section 1860C–1(b)(2) of the Social Security Act ( 42 U.S.C. 1395w–29(b)(2) ), as added by section 241(a) of the Medicare Prescription Drug, Improvement, and Modernization Act of 2003 ( Public Law 108–173 ), is amended by adding at the end the following new subparagraph: (C) No part in Michigan
No part of the MSA is in Michigan..
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108hr4770ih
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1. Glyoxylic acid
(a) In general
Subchapter II of chapter 99 of the Harmonized Tariff Schedule of the United States is amended by inserting in numerical sequence the following new heading: 9902.34.41 Glyoxylic acid (provided for in subheading 2918.30.90) Free No change No change On or before 12/31/2007. (b) Effective date
The amendment made by subsection (a) applies to articles entered, or withdrawn from warehouse for consumption, on or after the 15th day after the date of the enactment of this Act.
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108hr4967ih
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1. Short title; findings
(a) Short title
This Act may be cited as the Nursing Home Fire Safety Act of 2004. (b) Findings
Congress finds the following: (1) On February 26, 2003, a fire at a Hartford, Connecticut, nursing facility without an automatic fire sprinkler system claimed the lives of 16 patients. (2) On September 27, 2003, a fire at a Nashville, Tennessee, nursing facility without an automatic fire sprinkler system claimed the lives of 15 patients.
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(3) The National Fire Protection Association finds no record of a multiple death fire in a nursing facility equipped with an automatic fire sprinkler system. (4) An estimated 1.5 million of the nation’s elderly population reside in nursing facilities. (5) The Centers for Medicare and Medicaid Services estimates that of the approximate 17,000 nursing facilities nationwide, about 25 percent do not have an automatic fire sprinkler system. (6) Many State governments lack requirements for their nursing facilities that were not originally equipped with automatic fire sprinkler systems to be retrofitted with such systems.
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(7) Automatic fire sprinkler systems greatly improve the chances of survival for older adults in the event of a fire. 2. Requiring automatic fire sprinkler systems in medicare and medicaid funded nursing facilities
(a) Requirement for medicare skilled nursing facilities
(1) In general
Section 1819(d)(2) of the Social Security Act ( 42 U.S.C.
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1395i–3(d)(2) ) is amended— (A) in subparagraph (B), by inserting , subject to subparagraph (C) after except that ; and (B) by adding at the end the following new subparagraph: (C) Automatic fire sprinkler system
(i) In general
A skilled nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association’s Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize.
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(ii) Period for compliance and disclosure of compliance for current facilities
In the case of a skilled nursing facility that is providing extended care services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date— (I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and (II) the facility shall provide for public disclosure,
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in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). (iii) Treatment of earlier state deadline
Nothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for skilled nursing facilities that is earlier than the deadline specified by the Secretary under such clause.. (2) Reimbursement of additional costs
Section 1888(e) of such Act ( 42 U.S.C.
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1395yy(e) ) is amended— (A) in paragraph (1) by striking and (12) and inserting (12), and (13) ; and (B) by adding at the end the following new paragraph: (13) Additional amount to amortize for costs of installing automatic fire sprinkler system
(A) In general
In the case of a skilled nursing facility that, as of a date that is on or after September 11, 2003, is participating in the program under this title, is not participating in the program under title XIX,
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and does not have installed an automatic fire sprinkler system that met the requirements described in section 1819(d)(2)(C), and which subsequently incurs expenses in order to meet such requirements, in addition to any other payments made to the facility under this subsection, there shall be paid, in an amortized manner over a five year period, an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the amount of any payment made before October 1, 2004, under this title or title XIX that is directly attributable (such as through depreciation) to such expenses.
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Such payments shall be made by the Secretary in such form and manner as the Secretary shall specify and based upon the presentation of such information as the Secretary requires. (B) No effect on other payments
The additional payment under subparagraph (A) shall not affect the amount of any other payment made under this subsection and the incurred expenses described in subparagraph (A) shall not be taken into account in making any other payments to a facility under this title.. (b) Requirement for medicaid nursing facilities
(1) In general
Section 1919(d)(2) of the Social Security Act ( 42 U.S.C.
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1396r(d)(2) ) is amended— (A) in subparagraph (B), by inserting , subject to subparagraph (C) after except that ; and (B) by adding at the end the following new subparagraph: (C) Automatic fire sprinkler system
(i) In general
A nursing facility shall be equipped with an operational automatic fire sprinkler system that meets the requirements for such a system under the National Fire Protection Association’s Standard for the Installation of Sprinkler Systems (1999 edition), or, at the option of a facility, such later edition of standard as the Secretary may recognize.
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(ii) Period for compliance and disclosure of compliance for current facilities
In the case of a nursing facility that is providing nursing facility services for which payment is made under this title as of the date of the enactment of this subparagraph and that was not in compliance with the requirement of clause (i) as of such date— (I) the requirement of clause (i) shall not apply until such date, not earlier than 3 years and not later than 5 years after the date of the enactment of this subparagraph, as the Secretary shall specify; and (II) the facility shall provide for public disclosure,
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in a form and manner specified by the Secretary, of whether the facility is in compliance with the standard described in clause (i). (iii) Treatment of earlier state deadline
Nothing in clause (ii)(I) shall be construed to prevent a State from establishing a deadline for the installation of automatic fire sprinkler systems for nursing facilities that is earlier than the deadline specified by the Secretary under such clause.. (2) Reimbursement of additional costs
Section 1902(a)(13)(A) of such Act ( 42 U.S.C.
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1396a(a)(13)(A) ) is amended— (A) by striking and at the end of clause (iii); (B) by striking ; and at the end of clause (iv) and inserting , and ; and (C) by adding at the end the following new clause: (v) in the case of nursing facility services furnished by a nursing facility that, as of a date that is on or after September 11, 2003,
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is participating in the program under this title but does not have installed an automatic fire sprinkler system that met the requirements described in section 1919(d)(2)(C), and that subsequently incurs expenses in order to meet such requirements, such rates shall provide for the payment, in an amortized manner over a five year period and in addition to the payment amounts otherwise provided, of an amount equal to the reasonable amount incurred by the facility in meeting such requirements, less the payment amounts under this title or title XVIII made before October 1, 2004, that are directly attributable (such as through depreciation) to such expenses,
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and the payment rates otherwise provided shall not take into account such costs incurred in meeting such requirements; and. (3) Full federal payment
(A) In general
The third sentence of section 1905 of such Act ( 42 U.S.C. 1396d ) is amended by inserting before the period at the end the following: and with respect to amounts expended as medical assistance in providing the payment amounts required under section 1902(a)(13)(A)(v). (B) Conforming amendment to apply to territories
Section 1108 of such Act ( 42 U.S.C.
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1308 ) is amended— (i) in subsection (f), by striking subsection (g) and inserting subsections (g) and (h) ; and (ii) by adding at the end the following new subsection: (h) Exception for payment for automatic fire sprinkler systems
The limitations on payments under subsection (f) shall not apply to payments that are attributable to payments for medical assistance for expenditures made under section 1902(a)(13)(A)(v).
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(c) Reduction in tax basis
Section 1016(a) of the Internal Revenue Code of 1986 is amended by striking and at the end of paragraph (27), by striking the period at the end of paragraph (28) and inserting , and , and by adding at the end the following new paragraph: (29) in the case of property with respect to which any payment is made under section 1888(e)(13) or 1902(a)(13)(A)(v) of the Social Security Act, by reducing the basis of such property by the amount of such payment.
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(d) Effective date
The amendments made by this section shall take effect on the date of the enactment of this Act, except that the amendments made by subsections (a)(2) and (b)(2) shall apply to payments to facilities for periods beginning on or after October 1, 2004, regardless of whether the payments are for expenses incurred before, on, or after such date.
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1. Short title
This Act may be cited as the Obstetric Fistula Surgical Repair, Assistance, and Prevention Act of 2004. 2. Findings and Purpose
(a) Findings
Congress finds the following: (1) Obstetric fistula is a devastating condition that occurs during childbirth when prolonged pressure of the baby’s head against the mother’s pelvis can lead to the child’s death as well as cut off the blood supply of the tissues surrounding the woman’s vagina, bladder, or rectum, causing those tissues to deteriorate, and thus leaving an open hole, or fistula.
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(2) Obstetric fistula can be excruciatingly painful and often causes a woman to lose control of her bowel movements. (3) To date, an estimated 2,000,000 cases of obstetric fistula have been reported worldwide—mostly in Africa among women who are very young, delivering their first child, lacking proper nutrition and maternity care, and living in rural areas. (4) The actual number of women who have obstetric fistula may actually be much higher due to a lack of adequate reporting.
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For example, an additional estimate contends that in Nigeria alone, approximately 1,000,000 women suffer from obstetric fistula. (5) It is estimated that 50,000 to 100,000 new cases of obstetric fistula occur each year, mostly involving women under the age of 20. (6) Women who suffer from obstetric fistula may also suffer from social isolation because they are often abandoned by their husbands, families, and employers.
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(7) Women who suffer from obstetric fistula may also suffer severe emotional stress from their condition and social isolation that is often magnified by the death of their child during labor. (8) Obstetric fistula can be prevented through increased access by women to emergency obstetrical care, a postponement of sexual activity and childbearing past the teenage years, and increased training for birth attendants in local communities. (9) Obstetric fistula can also be treated through a relatively minor surgical procedure that is 90 percent effective and which can cost as little as $150.
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(10) A large percentage of women who suffer from obstetric fistula are unaware that treatment exists and may spend their entire lives suffering from this condition needlessly. (11) Unfortunately, there are few treatment centers or hospitals with the capacity to treat obstetric fistula in developing countries, particularly countries in Africa, and demand for services and surgery far exceed the supply. (12) Currently the United States Agency for International Development provides assistance for programs that target prevention of obstetric fistula but not programs that target treatment of obstetric fistula.
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(13) Tens of thousands of women in developing countries suffering from obstetric fistula could be successfully treated if adequate resources were devoted to this objective.
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(b) Purpose
The purpose of this Act is to ensure that, in addition to the prevention of obstetric fistula, treatment of obstetric fistula is an important priority of United States bilateral foreign assistance programs, including through— (1) the establishment and expansion of the capacity to treat obstetric fistula in developing countries, including through the provision of surgery and post-surgery care; and (2) the reduction of the incidence of obstetric fistula in developing countries, including through the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. 3.
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Definition
In this Act, the term obstetric fistula means a rupture or hole in tissues surround a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention. 4. Amendments to the Foreign Assistance Act of 1961
Section 104(c) of the Foreign Assistance Act of 1961 ( 22 U.S.C.
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2151b(c) ) is amended— (1) by redesignating paragraph (4) as paragraph (5); and (2) by inserting after paragraph (3) the following new paragraph: (4)(A) In carrying out the purposes of this subsection, the President is authorized to furnish assistance, on such terms and conditions as the President may determine, for the establishment and operation of not less than twelve centers for the treatment of obstetric fistula at appropriate sites in developing countries.
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(B) In selecting sites for the establishment of centers pursuant to subparagraph (A), the President should seek the consultation and advice of United States embassy officials, appropriate nongovernmental organizations, and local government officials in developing countries with high rates of obstetric fistula, with particular emphasis on countries in Africa.
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(C) Each center established pursuant to subparagraph (A) shall, to the maximum extent practicable, carry out the following activities: (i) The provision of surgery to repair obstetric fistula in women who do not otherwise have the resources to pay for such surgery and the provision of necessary post-surgery care and support for such women. (ii) Assistance related to surgery and post-surgery care and support described in clause (i), including the provision of transportation to and from the center for women in need of such transportation and the provision of necessary temporary shelter and food assistance to women in need of such shelter and food assistance.
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(iii) Activities to reduce the incidence of obstetric fistula, including the conduct of appropriate seminars and the dissemination of appropriate educational materials, such as brochures, pamphlets, and posters. (D) Not later than January 31 of each year, the President shall prepare and transmit to Congress a report on the implementation of this paragraph for the prior fiscal year. (E) In addition to amounts otherwise available for such purpose, there are authorized to be appropriated to the President $35,000,000 for each of the fiscal years 2005 and 2006 to carry out this paragraph.
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Amounts appropriated under this clause are authorized to remain available until expended. (F) In this paragraph, the term obstetric fistula means a rupture or hole in tissues surrounding a woman’s vagina, bladder, or rectum that occurs when the woman is in obstructed childbirth for a prolonged period of time without adequate medical attention..
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1. Short title
This Act may be cited as the Methamphetamine Remediation Act of 2004. 2. Findings
The Congress finds the following: (1) Methamphetamine use and production is growing rapidly throughout the United States. (2) Materials and residues remaining from the production of methamphetamine pose novel environmental problems in locations where methamphetamine laboratories have been closed. (3) There has been little standardization of measures for determining when the site of a closed methamphetamine laboratory has been successfully remediated.
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(4) Initial clean-up actions are generally limited to removal of hazardous substances and contaminated materials that pose an immediate threat to public health or the environment. It is not uncommon for significant levels of contamination to be found throughout residential structures after a methamphetamine laboratory has closed. (5) Data on methamphetamine laboratory-related contaminants of concern are very limited, and clean-up standards do not currently exist. In addition, the applicability of procedures commonly used for sampling and analysis of contaminants at traditional hazardous release sites to investigations at residences contaminated by methamphetamine production is not well understood.
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(6) Many States are struggling with establishing remediation guidelines and programs to address the rapidly expanding number of methamphetamine laboratories being closed each year. 3. Environmental remediation research and standardization
(a) Research Program
The Environmental Protection Agency shall establish a research program to— (1) identify methamphetamine laboratory-related chemicals of concern; and (2) support the development of standards to determine when a former methamphetamine laboratory is safe for human habitation.
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(b) Model Guidelines and Procedures
The Environmental Protection Agency, in consultation with the National Institute of Standards and Technology, shall establish, not later than 6 months after the date of enactment of this Act, practical and cost-effective model guidelines and procedures for— (1) preliminary site assessment criteria for former methamphetamine laboratories, including development of a sample and analysis plan that incorporates quality assurance and quality control principles; and (2) clean-up and remediation. 4.
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Methamphetamine detection research and development program
The National Institute of Standards and Technology shall support a research program to develop— (1) new methamphetamine detection technologies, with emphasis on field test kits and site detection; and (2) appropriate standard reference materials and validation procedures for methamphetamine detection testing. 5.
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Public disclosure of former methamphetamine laboratories
Not later than 6 months after the date of enactment of this Act, the Drug Enforcement Agency shall make available to the public, through a regularly updated internet-accessible database, a listing of all methamphetamine laboratories that have undergone clean-up treatment under the Drug Enforcement Agency’s Clandestine Drug Laboratory Clean-up Program. 6.
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Residual effects study
Not later than 90 days after the date of enactment of this Act, the Environmental Protection Agency shall enter into an arrangement with the National Academy of Sciences for a study on the residual effects of methamphetamine laboratories on residents of buildings where such laboratories are located, with particular emphasis given to health effects on children. 7. Social costs report
The National Science Foundation shall enter into an arrangement with the National Academy of Sciences for a report on the societal costs of methamphetamine production and abuse.
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This report shall include a cost/benefit analysis comparing human impairment, child services, incarceration, and environmental costs of methamphetamine production and abuse to a proactive program to reduce methamphetamine production and abuse which includes a comprehensive treatment component.
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1. Use of Governmentwide commercial purchase card
(a) Amendment of FAR
Not later than 180 days after the date of enactment of this Act, the Federal Acquisition Regulation shall be revised to require the head of each executive agency to— (1) seek commercial, volume, or other discounts for purchases made with the Governmentwide commercial purchase card; (2) use procurement mechanisms other than purchase cards, including contracts, to the extent appropriate to maximize cost savings; and (3) systematically collect and analyze data on use of the Governmentwide commercial purchase card, including by vendor, in sufficient detail to identify opportunities to achieve savings.
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